13 OCEAN AVENUE - BUILDING INSPECTION I I
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-5 CITY OF SALEM MASSACHUSETTS
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9, BOARD OF APPEAL
1 -OCT '2 P 0
-_ 120IX ASI[INGTON STRUF:I'♦ S I.I.;,M,MASSACI IUSFi rs 01970
Ki\IBJsluuvDluscoit. Ti j+':978-745-9595 ♦ FAX:978-740-9846 FILE #
MAYOR CI7y CLERK, SALEM, MASS,
October 2, 2013
Decision
City of Salem Board of Appeals
Petition of ELIZABETH BEAVER requesting a Variance from Section 4 Dimensional
Requirements of the Salem Zoning Ordinance to reduce the minimum depth of the rear& side
yards, to allow for construction of a kitchen& deck expansion, for the property located at 13
OCEAN AVE (RI Zoning District).
A public hearing on the above Petition was opened on September 18, 2013 pursuant to M.G.L Ch. 40A, ( 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Ms.
Curran (Chair), Mr. Dionne, Mr. Duffy, Ms. Harris, Mr. Watkins, and Mr. Eppley (Alternate).
The Petitioner seeks a Variance from Section 4.0 Dimensional Regmirements and a Special Permit under Section
4.0 Dimensional Requirements of the Salem Zoning Ordinance
Statements of fact:
1. Ms. Elizabeth Beaver presented the petition for the property at 13 Ocean Avenue 0R1 — Residential
One Family Zone).
2. In the petition, date-stamped August 27, 2013, the Petitioner requests Variances from the provisions
of Section 4.1.1 for relief of the 10 foot minimum width of side yard requirement and 30 foot
minimum depth of rear yard requirement.
3. The requested relief, if granted, would allow the Petitioner to expand the existing kitchen and adjacent
deck, so that the kitchen and deck would extend to within 2 feet of the side property boundary, and
the deck,with new stairs,would extend to within 9.9 feet of the rear property boundary.
4. At the public hearing for this petition, the Building Inspector and the Board determined that as parts
of the existing building already extend to within 1.9 feet of the side property_ boundary, a Special
Permit, rather than a Variance, is required for the encroachment on the minimum depth of side yard.
A Variance was still found to be required for the encroachment on the minimum depth of rear yard.
t+ y w.# M k r i y. Y'. f +ek tie.
fln_ ZotitngOrdtuance +Actual3 Pro used
imenstoga(Requttemetits r e .. h, sa;
y Required Standard r Dimension 1D1 . emlon
Minimum width of side yard 10 feet 1.9 feet* 2 feet
Minimum depth of rear yardt ,.r30 feet s ""• k X17 4 feet e,. " 9.9 feet'
dY.a .)TV Y uT.
* At its narrowest point
5. At the public hearing no members of the public in attendance spoke in favor or in opposition to the
petition. No written comments regarding the petition were received prior to the public hearing.
City of Salem Board of Appeals
October 2,2013
Project: 13 Ocean Avenue
Page 2 of 3
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
§9.3 Board of Appeals
§9.3.2 Powers, Subsection 3
1. The desired relief may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning
Ordinance.
2. The small lot size combined with the siting of'the house to one side of the lot creates a unique
condition in which a literal enforcement of the Table, of Dimensional Requirements under the City of
Salem's Zoning Ordinance, specifically the required minimum rear yard depth of 25 feet, would be a
substantial hardship to the appellant.
On the basis of the above findings of fact and all evidence presented at the public hearing including, but not
limited to, the plans, documents and testimony, the Salem Board of Appeals concludes:
S9.4 Special Permits
§9.4.2 Criteria, Subsections 1 through 6
1. The property is located in a dense neighborhood, characterized by many homes in close proximity to
each other. The existing siting of the building on the property creates a condition in which the
existing building footprint is already within 1.9 feet of the side property boundary.
On the basis of the above findings of fact and all evidence presented at the public hearing including, but not
limited to, the plans, documents and testimony, the Salem Board of Appeals concludes:
1. A Variance from Section 4 Dimensional Requirements of the Salem Zoning Ordinance to encroach upon
the required minimum depth of the rear yard is granted as conditioned.
2. A Special Permit under Section 4 Dimensional Requirements of the Salem Zoning Ordinances to
encroach upon the required minimum depth of the side yard is granted as conditioned.
3. In permitting the Variance and the Special Permit, the Salem Board of Appeals requires certain
appropriate terms, conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted five (5) in favor (hos. Curran — Chair, Mr.
Dionne, Mr. Duffy, Ms. Harris, and Mr. Watkins in favor) and none (0) opposed, to approve the Variance to
the minimum depth of rear yard requirement, and to approve the Special Permit for the minimum width of
side yard requirement, subject to the following terms, conditions, and safeguards:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction
City of Salem Board of Appeals
October 2,2013
Project: 13 Ocean Avenue
Page 3 of 3
5. Exterior finishes of the new construction shall be in harmony with the existing structure
G. A Certificate of Occupancy is to be obtained
7. A Certificate of Inspection is to be obtained
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board
9. Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or
authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property, to
an extent of more than fifty percent (50%) of its floor area or more than fifty percent (50%) of its
replacement cost at the time of destruction. If the structure is demolished by any means to an extent
of more than fifty percent (50%) of its replacement cost or more than fifty percent (50%) of its floor
area at the time of destruction, it shall not be reconstructed except in conformity with the provisions
of the Ordinance. lvx�
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision,if any, shall be made pursuant to Section 17 of the Massachusetts General Lams Chapter 40A, and shall be filed within 20
days of filing of this decision in the office of the Cite Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision beating the cenehcate of the Cit�r Clerk has peen filed with the Essex South
Registry of Deeds.
3 Chit of #a1em, Massac4usetts
Public tropertq 19cpartment
Nuilbing Department
(One dalem (Srem
500-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
February 5 , 1997
Matthew & April Cahill
13 Ocean Avenue
Salem, Mass . 01970
RE : 13 Ocean Avenue
Dear Mr. & Mrs . Cahill :
Thank you very much for your response to the letter
dated on January 8, 1997 regarding the above mentioned
property. An inspection was conducted and found all the
violations have been corrected.
This office will notify all the appropriate
departments and the Ward Councillor that this situation
has been brought to a satisfactory conclusion.
Sincerely,
i
Leo E . Tremblay
Inspector of BuY ding
LET: scm
cc: Jane Guy
Councillor Paskowski , Ward 1
of #allem' massar4usetts
�` Publir trapertg Department
iguilbing Bepurtment
(one lZalem (Brun
508-745-9595 $1d. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
January 8 , 1997
Matthew & April Cahill
13 Ocean Avenue
Salem, Mass . 01970
RE : 13 Ocean Avenue
Dear Mr . & Mrs . Cahill :
This office has received several complaints
concerning the main front entry stairs located at the
above mentioned location. On January 8 , 1997 , I inspected
said pair of steps and found them to be in major need of
repair . These steps must be repaired at once to assure the
safety of all who use them.
Please contact this office upon receipt of this
letter to let us know of your course of action you will be
taking in this matter. Failure to do so will result in
legal action being taken against you .
Thank you in advance for your anticipated cooperation
in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Bu ldings
LET: scm
. cc : Councillor Paskowski , Ward 1
6 �
Plans must be filed and approved by the Inspector
prior to a permit being granted
CITY OF SALEM
No. 1� 9y Ward
CoNC�
1 / mT,�o
HISTORIC DISTRICT? Y Nv Date S//Dn ��y
IF FOR SIDING, HAS ELECTRIC Home Phone
PERMIT BEEN OBTAINED? Y Nsy�? Bus. Phone
APPLICATION
FOR
PERMIT TO
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit to build according to the
following specifications:
Owner's name and addressOr �o,
Architect's name �, ✓ G, b fIw
Builder's name e45—
Location of building, No.
What is the purpose of building?
If dwelling, # of units? Material of bldng?
Will building conform to law? Asbestos?
Estimated Cost City Lic.# State Lic.# A/
`
Home Improvement License # /y
Signature of Applicant
Pf*D UNDER THE P L PERJURY
I ` r DESCRIPTION OF WORK TO BE DONE
Z 4 /
� L-.,
Jr .s 4-c {a S2
t�oaY-�
C'ep
Mail Permit to:
No. ward
APPLICATION FOR
PERMIT TO ROOF
REROOF OR INSTALL SIDING
Location 3
PERMIT GRANTED
19
App ro d
p Bui 1 " ms -
Tits of �tzlem; 'CT- assadjusetts
�3nttra of Appeal 4C
DECISION ON THE PETITION OF NORMAND LEGERE FOR A SPECIAL PERMIT AT 1 EAN
AVENUE_� (R-1)
�.�,
A hearing on this petition was held July 21, 1993 with the following Board
Members present: Francis Grealish, Jr. , Chairman; Stephen Touchette,
George Ahmed and Stephen O'Grady. Notice of the hearing was sent to
abutters and others and notices of the hearing were properly published in
the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioner, owner of the property, is requesting a Special Permit to extend
nonconforming rear setback to allow construction of a deck in this single
family district (R-1)
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
The Board of Appeal, after careful consideration of the evidence presented
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition to the petitioners request.
2. The granting of the special permit would allow petitioner a fuller use
of the property.
3. It would not be feasible to locate the deck in any other portion of the
property.
{
DECISION ON THE PETITION OF NORMAND LEGERE -FOR A SPECIAL PERMIT AT
13 OCEAN AVENUE, SALEM
page two AUg
y
4. The proposed deck would only encroach on the rear setback, it(,,would!: ,
meet all other setback requirements. "S
On the basis of the above findings of fact, and on the evidence presented,
the Board of Appeal concludes as follows:
1. The Special Permit requested can be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent of the district or the purpose of the Ordinance.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes, ordinances,
codes and regulations.
2. The existing deck shall conform with the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a legal building permit.
Special Permit Granted
July 21, 1993
George A. Ahmed, Secretary
Board of appeal
DECISION ON THE PETITION OF NORMAND LEGERE .FOR A SPECIAL PERMIT
AT 13 OCEAN AVENUE, SALEM
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND'THE CITY,- --'S
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
MGL Chapter 40A. , and shall be filed within 20 days after the date of
filing of this decision in the office of the City Clerk. Pursuant to MGL
Chapter 40A. , Section 11, the Special Permit granted herein shall not take
effect until a copy of the decision bearing the certification of the City
Clerk that 20 days have elapsed and no appeal has been filed, or that, if
such appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of
Title.
Board of Appeal
Cfity of jtt1Em, Massar4usctts
Public Prupertb Department
+Nuilbing Department
(One Balem Green
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
May 13, 1993
TO WHOM IT MAY CONCERN:
RE: 13 Ocean Ave. (R-1)
Please be advised that the records in this office indicate the above
referenced property is a lawful, nonconforming two family dwelling and said
use may be allowed to continue.
This is to determine use only and in no way is meant to confirm or
deny whether said property is in compliance with all building, electrical,
plumbing, gas, fire or health codes.
Sincerely,
Leo E. Tremblay
Zoning Enforcement Officer
LET:bms
of 19:ttlem, fttssttr4uutts
Public PropertU Department
Nuilbing (Department
lane 6atem (5reen
500-i4�-9595 lExt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building August 7, 1995
Zoning Enforcement Officer
Mr. James Shannon
54 Pleasant Valley
Amesbury, MA. 01913
RE: 13-0cean Terrace, Salem, MA.
Dear Mr. Shannon:
Upon receiving a complaint from one of your tenants at the above
mentioned property, I conducted an inspection and the following violations
were found.
1. There is some question to this Zoning Officer as to the legal use of
four units.
2. Kitchen wall in apartment 112 (rear of building) does not meet
required one and one-half (1 1/2) hour fire rating.
3. Ceiling in living room as well as exterior wall does not meet one
and one-half (1 1/2) hour fire rating.
4. Bath ceiling and walls do not meet required fire rating.
5. Water pressure on premises does not meet required pressure in
the Plumbing Code.
6. Hallway cluttered with construction debris must be made clear,
this is a means of egress.
7. Light not operating in front hall at first floor level, as well as
the light at the front porch area.
8. Light must be installed in rear entrance at first floor hallway.
9. Hand rails missing at basement stairway.
10. Basement must be kept clean.
11. Debris at rear of property near rear basement door must be kept
cleaned, this is a means of egress.
12. Replace missing down spouts .
13. Replace missing and broken ballasters at front porch.
14 . Stairs from first floor porch to second floors must be rebuilt
to State Building Code standards .
15 . Stairs from ground level at right hand side of house (2 sets ) must
be rebuilt to conform to State Building Codes .
Please contact this office upon receipt of this letter to inform us as to
your intentions in this matter.
If this office does not see any progress in correcting these violations
within fifteen (15) days, court action will be taken against you.
Thank you in advance for your anticipated cooperation regarding this
matter.
Sincerely,
Leo E. Tremblay
Inspector of Buildings
cc: Councillor Gaudreault